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1972 Supreme(AP) 93

K.MADHAVA REDDY
Kanchi Kamamma – Appellant
Versus
Yerramsetti Appanna – Respondent


K. MADHAVA REDDY, J.

( 1 ) THIS appeal is by defendants 1, 3 and 11 against the judgment and decree in A. S. No. 256/69 on the file of the District Judge, Visakapatnam, reversing the judgment and decree in O. S. No. 52/66 on the file of the District Munsif, Narasipatnam.

( 2 ) THE plaintiff laid the suit for declaration of his title to, and recovery of the plaint schedule properties on the averment that the Ist defendant, the admitted owner of the properties, executed a gift deed. Ex. A-1 dated 19-1-1945 in favour of one Dasina Maridayya having died his heirs and legal representatives sold the same under the registered sale deed. Ex. A-23 dated 24-6-1965 in favour of the plaintiff for a consideration of Rs. 5,000 / -. The sale deed was ratified under a document Ex. A-25 dt. 19-1-1968. As the defendants interfered with his possession, the plaintiff has filed the present suit.

( 3 ) IT was the case of the Ist defendant that the gift deed was nominal and was not acted upon, and that even after the execution of the gift deed, she continued to be in possession of the plaint schedule properties and that she also acquired title by adverse possession.

( 4 ) WHILE the trial Court dismissed t









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